Dixon v. Strait
Filing
4
MEMORANDUM OPINION AND ORDER denying 2 MOTION/APPLICATION to Proceed In Forma Pauperis, dismissing with prejudice 1 Prisoner Civil Rights Complaint. (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
FRED A. DIXON, JR.,
TDCJ NO. 1465037,
§
§
§
§
§
§
§
§
§
§
Plaintiff,
v.
GEORGE STRAIT, et al.,
Defendants.
CIVIL ACTION H-14-01542
MEMORANDUM OPINION AND ORDER
Fred A. Dixon, Jr., TDCJ No. 1465037, is an inmate of the TDCJ
Montford Unit, facility housing inmates with psychiatric problems.
Dixon
is
known
complaints.
for
filing
frivolous
prisoner
civil
rights
He has filed over 50 prisoner civil rights lawsuits in
the federal courts of Texas, at least ten of which were dismissed
pursuant to 28
Service
U.S.C.
§
Department,
1915{e).
See Dixon v. Skyview Unit Food
No.
H-11-2906
citing,
2011) ,
(S. D.
No.
3:97cv0856
(N.D.
Tex.
1997)
i
Dixon
v.
State
of
Texas,
No.
3:97cv0360
(S.D.
Tex.
1997) i
Dixon
v.
State
of
Texas,
No.
3:98cv0440
(S.D.
Tex.
1999)
i
Dixon
v.
State
of
Texas,
No.
3:97cv0856
(N.D.
Tex.
2002) i
Dixon
v.
State
of
Texas,
No. 3:03cv2792
(N.D. Tex. 2004) i Dixon v. Angleton Parole Dept.,
No.
(N.D.
3:03cv2790
Does,
No.
3:03cv2794
Freeport City Police,
No.
3:03cv2795
(N.D. Tex. 2004) Dixon v. State of Alabama, 3:03cv2233
(N.D. Tex.
(N.D.
2004) .
Tex.
2004)
i
Tex.
2004)
Dixon v.
Consequently,
the
i
Dixon v.
Three-Strikes
Rule
of
the
Prison
Litigation
Reform Act
(PLRA)
bars
Dixon
from
filing
any
new
prisoner complaints without paying the filing fee in advance unless
he is in imminent danger of serious physical harm at the time the
28 U.S.C.
suit is filed.
1915 (g).
§
Dixon has filed a prisoner complaint under 42 U.S.C.
Strait
and
his
band
"for
900
tillion
[sic]
alleging that Strait "cut up" his sister's children.
complains
about
the
food
services
department
at
1983
He is suing
and an application to proceed in forma pauperis.
George
§
dollar [s]"
Dixon also
his unit,
the
sheriff's department in Angleton (Brazoria County), Texas, and the
Armed Forces of the United States.
It is apparent from the pleadings that Dixon has little or no
grasp of reality.
Consequently, his complaint is dismissible as
frivolous under 28
U.S.C.
674,
678
(5th Cir. 2009)
§
1915(e).
Samford v. Dretke, 562 F.3d
(a complaint is frivolous if "the facts
alleged are fantastic or delusional scenarios or the legal theory
upon which a complaint relies is indisputably meritless."), citing
Harris v. Hegmann, 198 F.3d 153, 156
(5th Cir.1999).
Moreover,
Dixon's pending complaint does not show that he is in any immediate
danger of serious physical harm.
dismissed
because
Dixon
is
Therefore, this action should be
barred under
28
U. S. C.
Choyce v. Dominguez, 160 F.3d 1068, 1071 (5th Cir. 1998)
O'Guin, 144 F.3d 883, 884
(5th Cir. 1998).
-2-
1915 (g) .
§
i
Banos v.
Conclusion and Order
The court ORDERS the following:
1.
The application to proceed in
Entry No.2) is DENIED.
2
The prisoner civil rights complaint (Docket Entry No.1) ,
filed by Fred A. Dixon, Jr., TDCJ No. 1465037, is
DISMISSED with prej udice because it is frivolous and
because he is BARRED from filing any civil rights
complaints while he is incarcerated without paying the
filing fee in advance.
28 U.S.C. § 1915(g).
3.
The Clerk is directed to provide a copy of this
Memorandum Opinion and Order, by mail or electronic
means, to the parties; the TDCJ - Office of the General
Counsel, P.O. Box 13084, Austin, Texas, 78711; and the
Pro Se Clerk for the United States District Court of the
Eastern District of Texas, Tyler Division, 211 West
Ferguson, Tyler, Texas 75702.
SIGNED at Houston, Texas, on this
forma
pauperis
(Docket
June, 2014.
LAKE
UNITED STATES DISTRICT JUDGE
-3-
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